Government-Judiciary Standoff in Pakistan

The government decision of 13 February on the appointment of judges is being strongly criticized by all. The government wanted to appoint Chief Justice Khawaja Shareef of the Lahore High Court as a Judge in the Supreme Court, and Justice Saqib Nisar as the Chief justice of the Lahore High Court. The government issued the notification for these appointments, but it was immediately nullified by a three-member bench of the Supreme Court.
The court announced 18 February as the date for further hearings on the subject. The relations of the judiciary and the executive were strained, but the politicians and the common people never expected that the President's Camp would take such extreme action. However some reliable sources have revealed that this drama went exactly according to script because the script-writers wanted to take the country toward midterm elections.

Degradation of Values
Even this confrontation may take us toward midterm elections. This vague and murky situation can definitely damage any one party. President Asif Ali Zardari may have to quit. To defuse the situation, some ministers have given confusing statements which, I am afraid, may not work out.
In a previous column I pointed out that the time has come when people are beginning to lose patience. Incongruous policies are increasing the problems of the common people. Price hikes, injustice, the law and order situation and denial of merit have made the life of the common man very miserable. Look at the miseries of the people. When they do not find any catharsis, they tend to commit suicide or come out on the streets in retaliation against social deprivation. In fact, many start selling their own children. The stone-hearted elites of this society are not pushed at all. I have been to many countries, both developed and under-developed, but no where in the world have I seen people selling their own children. It is the lowest possible limit of degradation of the values of our society.
The rulers of Europe and America truly serve their people. If some one commits suicide due to hunger or poverty, the complete society is shaken up. People come out on the streets and make life miserable for their rulers. People in those societies cannot even think of selling their children. The European Union has recently passed a resolution which will be enforced in all its 27 member countries. The resolution states that all human beings are equal, no one is superior to another and the protection of the honor and self esteem of every individual is the responsibility of the state. But our rulers have deformed the shape of our own constitution. One does not find even a single amendment in favor of the poor masses.

Signs of Good Governance
Now, people are talking about mid-term elections and there is a hue and cry to remove all those people who are responsible for the current fiasco. When we look for signs of good governance or concern for the welfare of the people, all governments look alike. I have seen the previous governments of the Pakistan People's Party (PPP) and Pakistan Muslim League-Nawaz (PML-N) as well. Now I am seeing the third government of the PPP struggling for its survival. Of the two parties, the period of the PML-N looks comparatively better. The Pakistan Muslim League can fare even better provided it discontinues its policy of a One-Man-Show, and allows space so that democratic norms may germinate within the party.
It is still a mystery why the government rejected the summary sent by the Chief Justice. I am afraid some forces in the government may want to remove the President from office or dislodge the democratic government. Double agents are within the rank and file of the government, but the rulers have been unable to recognize them. And, by the time they do, it will be too late. The present situation is ideal for these intriguing forces. These forces will be successful in killing two birds with one stone.
However, the Opposition is also preparing for the final round. Nawaz Sharif's press conference of 14 February 2010 was a clear indication of these preparations. This time he openly criticized President Zardari and labeled him a threat to democracy. His statement gives an indication that political forces are now at the brink of losing patience. These forces believe that in the presence of President Zardari, Pakistan may not be able to develop good relations with other countries.

Impression of Confrontation
On 15 February, Prime Minister Syed Yousuf Raza Gilani addressed parliament and spoke at length on the appointment of the judges. The crux of his speech was that the Parliament also holds weight and, on sensitive issues, the position of the Parliament is superior. But his statement that the judiciary was restored through an executive order, which awaits ratification by the parliament, created a stir. In a sense it was a threat to the judiciary that the executive order could still be reversed. After this statement the political barometer shot up. It gave birth to yet another legal debate.
The impression of confrontation between the government and the judiciary must be defused immediately. In this connection, the government should cancel the notification issued on 13 February 2010 and accept the recommendations of the Chief Justice. In the war of Titans the winner will be the one who enjoys the support of the masses and stands firm on moral grounds. Due to sheer bad luck and incongruous policies, the government may not succeed in its goals.